HomeMy WebLinkAbout2011-03-22; City Council; 20483; Amending Reso 2007-303 Ponto Beachfront PlanCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
20.483
3/22/11
CA
AMENDMENT TO CITY COUNCIL
RESOLUTION 2007-303, PARAGRAPH
NO. 5, TO EXCEPT CERTIFICATION OF
PROGRAM ENVIRONMENTAL IMPACT
REPORTER 05-05
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Adopt Resolution No. 2011-045 . amending Resolution No. 2007-303. Paragraph 5, to
except certification of the Program Environmental Impact Report, EIR 05-05, approving
the Candidate Findings of Fact, Statement of Overriding Considerations, and the
Mitigation Monitoring and Reporting Program as revised in the Resolution.
ITEM EXPLANATION:
On September 5th and 19th, 2007 the City Planning Commission held a duly noticed public
hearing to consider certification of Program Environmental Impact Report (EIR 05-05), General
Plan Amendment (GPA 05-04), Local Coastal Program Amendment (LCPA 05-01) and
Discussion Item (Dl 05-01) for the proposed Ponto Beachfront Village Vision Plan. On
November 13, 2007 the City Council held a duly noticed public hearing to consider said
Environmental Impact Report, General Plan Amendment, Local Coastal Program Amendment
and Discussion Item. Resolution No. 2007-303 was subsequently approved by the City Council
certifying Program Environmental Impact Report (EIR 05-05) approving the Candidate Findings
of Fact, the Statement of Overriding Considerations and the Mitigation Monitoring and
Reporting Program as well as the accompanying legislative actions and Discussion Item.
Paragraph No.5 of that Resolution inadvertently conditioned the EIR certification on approval of
the LCPA by the California Coastal Commission. That Resolution should have read "Except for
certification of the Program Environmental Impact Report (EIR 05-05), approving the Candidate
Findings of Fact, the Statement of Overriding Considerations, and Mitigation Monitoring and
Reporting Program as revised herein, this action shall not become final until the Local Coastal
Program Amendment (LCPA 05-01) is approved by the California Coastal Commission and the
California Coastal Commission's approval becomes effective " Certification of the EIR for
the project is not dependent on Coastal Commission action since the Coastal Commission
undertakes its own environmental review pursuant to an entirely separate statutory scheme with
a distinct focus. The Coastal Commission's review is pursuant to a certified regulatory scheme
and is the functional equivalent of an EIR process (Public Resources Code section 21080.5,
subds.(a), (e)(1); Guideline sections 15002, subd. (I); 15251, subds. (c), (f).
DEPARTMENT CONTACT: Jane Mobaldi 760-434-2891 jane.mobaldi@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
an
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER-SEE MINUTES D
FISCAL IMPACT:
There is no fiscal impact associated with the amendment to this Resolution to clarify the
Council's intention.
ENVIRONMENTAL IMPACT:
Amendment of Resolution 2007-303 is not a project within the meaning of CEQA since it is not
an activity which may cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment (Public Resources Code 21065).
EXHIBITS:
1. Resolution No. 2011-045
2. Resolution No. 2007-303
1 RESOLUTION NO. 2011-045
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CITY COUNCIL
3 RESOLUTION 2007-303, PARAGRAPH NO. 5, TO EXCEPT
4 CERTIFICATION OF PROGRAM ENVIRONMENTAL
IMPACT REPORT. EIR 05-05
5
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
6
Commission did, on September 5th and 19thi 2007 hold duly noticed public hearings to
7
consider certification of Program Environmental Impact Report (EIR 05-05), General
8
9 Plan Amendment (GPA 05-04), Local Coastal Program Amendment (LCPA 05-01) and
10 Discussion Item (Dl 05-01) for the proposed Ponto Beachfront Village Vision Plan; and
11 WHEREAS, on November 13, 2007 the City Council held a duly noticed hearing
12 to consider Program EIR 05-05, GPA 05-04, LCPA 05-01 and Dl 05-01 and
13 subsequently approved Resolution 2007-303 certifying Program EIR 05-05, approving
14 the Candidate Findings of Fact, the Statement of Overriding Considerations and the
Mitigation Monitoring and Reporting Program; and
16
WHEREAS, Paragraph No. 5 of Resolution 2007-303 inadvertently conditioned
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the Program EIR certification on approval of the LCPA by the California Coastal
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Commission; and
2Q WHEREAS, the environmental analysis of the project is not dependent on
21 Coastal Commission action since the Coastal Commission undertakes its own
22 environmental review pursuant to a certified regulatory program which is the functional
23 equivalent of the California Environmental Quality Act.
24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
25 Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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2. The Resolution 2007-303, Paragraph No. 5 is amended to read as follows:28
1
"5. Except for certification of the Program Environmental Impact
2 Report (EIR 05-05), approving the Candidate Findings of Fact,
Statement of Overriding Considerations, and Mitigation
Monitoring and Reporting Program, all other actions shall not
become final until the Local Coastal Plan Amendment (LCPA
05-01) is approved by the California Coastal Commission and
5 the California Coastal Commission's approval becomes
effective. The Provisions of Chapter 1.16 of the Carlsbad
6 Municipal Code, "Time Limits for Judicial Review" shall apply:
7 'NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought
is governed by Code of Civil Procedure, Section 1094.6, which has
been made applicable in the City of Carlsbad by Carlsbad Municipal
Code Chapter 1.16. Any petition or other paper seeking judicial
review must be filed in the appropriate court not later than the
11 ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a
12 request for the record of the proceedings accompanied by the
required deposit in an amount sufficient to cover the estimated cost
of preparation of such record, the time within which such petition
may be filed in court is extended to not later than the thirtieth day
following the date on which the record is either personally delivered
15 or mailed to the party, or his attorney of record, if he has one. A
written request for the preparation of the record of the proceedings
16 shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad
Village Drive, Carlsbad, California 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 22nd day of March 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
1 RESOLUTION NO. 2007-303
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING PROGRAM
3 ENVIRONMENTAL IMPACT REPORT, EIR 05-05,
4 APPROVING THE CANDIDATE FINDINGS OF FACT, A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND
5 A MITIGATION MONITORING AND REPORTING
PROGRAM AND APPROVING GENERAL PLAN
6 AMENDMENT GPA 05-04, LOCAL COASTAL PROGRAM
AMENDMENT LCPA 05-01, AND DISCUSSION ITEM Dl
7 05-01 FOR THE PONTO BEACHFRONT VILLAGE VISION
PLAN FOR THE AREA GENERALLY LOCATED BETWEEN
8 CARLSBAD BOULEVARD AND SAN DIEGO NORTHERN
0 RAILROAD, NORTH OF BATIQUITOS LAGOON AND
SOUTH OF PONTO ROAD.
10 CASE NAME: PONTO BEACHFRONT VILLAGE VISION
PLAN
11 CASE NO.: EIR 05-05/GPA 05-04/LCPA 05-01/DI 05-01
12 WHEREAS, pursuant to the provisions of the Municipal Code, the
13 Planning Commission did, on September 5th and 19th, 2007, hold a duly noticed public
hearing as prescribed by law to consider certification of Environmental Impact Report
(EIR 05-05), General Plan Amendment (GPA 05-04), Local Coastal Program
16
Amendment (LCPA 05-01) and Discussion Item (Dl 05-01); and
17
WHEREAS, the City Council of the City of Carlsbad, on the 13th day of
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November, 2007, held a duly noticed public hearing to consider said Environmental
2Q Impact Report, General Plan Amendment, Local Coastal Program Amendment, and
21 Discussion Item and at that time received recommendations, objections, protests,
22 comments of all persons interested in or opposed to EIR 05-05, GPA 05-04, LCPA 05-
23 01, and Dl 05-01.
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
25 the City of Carlsbad as follows:
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1. That the above recitations are true and correct.
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2. That the recommendation of the Planning Commission for the
28 CERTIFICATION of EIR 05-05 and ADOPTION of the Candidate Findings of Fact, a
1 Statement of Overriding Considerations, and Mitigation Monitoring and Reporting
Program and APPROVAL of GPA 05-04 is hereby accepted, approved in concept and shall
2 be included in the third General Plan Amendment of 2007, and LCPA 05-01 and Dl 05-01 is
APPROVED by the City Council and that the findings and conditions of the Planning
3 Commission as set forth in Planning Commission Resolution No. 6338, 6339, 6340, and
4 6341 on file with the City Clerk and made a part hereof by reference are the findings
and conditions of the City Council with the following amendments and/or additions to
5 said conditions:
6 a. Mitigation Measure T-1 of the Final Environmental Impact Report for said
project shall be revised to read as follows:
7
"T-1: Impacts to the affected intersection shall be mitigated by
8 implementation of the following improvements:
9 La Costa Avenue / Vulcan Avenue: Install traffic signal with La Costa
widening to facilitate intersection improvements.
10 Prior to the issuance of a building permit, developers within the Ponto Area
shall pay a pro-rata fair share contribution to the La Costa Avenue/Vulcan
11 Avenue improvement. The pro-rata fair share contribution shall be paid to
12 the City of Carlsbad City Engineer prior to the issuance of building permits.
The pro-rata fair share contribution may be adjusted by the City of Carlsbad
13 to reflect any changes in estimated construction and land costs (as
described in Appendix G-2). The City of Carlsbad will retain the Ponto
14 developers' allocated pro-rata fair share contribution until the City of
Encinitas is required to collect said contributions. Developers with existing
15 ADT credits within their Ponto property will be given offsets against their
projected ADT's.
This intersection is located within the jurisdiction of the City of Encinitas and
17 the improvements to this intersection are already required mitigation as part
of the City of Encinitas adopted North 101 Corridor Specific Plan and have
18 been included in the City of Encinitas Capital Improvement Program (CIP).
Future developers within the Ponto Beachfront Village shall be required to
19 make a proportionate fair share contribution towards the improvements
listed in Mitigation Measure T-1.
20 Based on cost estimates from the City of Carlsbad, the proposed road
21 improvements associated with improving La Costa Avenue from Highway
101 through Vulcan Avenue, including the La Costa Avenue/Highway 101
22 and La Costa Avenue/Vulcan Avenue intersections, would cost
approximately $7,352,505. This dollar amount is an estimate based on
23 current information. Annual adjustments shall be made as described in
Appendix G-2. Calculations for the cost estimate are provided in Appendix
24 G-2. As shown in Figures 5.6-8 and 5.6-9 the project would contribute 5,003
ADT to this intersection. The future development within the Vision Plan area
25 shall contribute 27 percent (5,003 ADT/18,300 ADT = 27%) of the total cost,
26 or $1,985,176 ($7,352,505 x 0.27 = $1,985,176). This amount would be
divided up among the future developments within the Ponto Beachfront
27
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1 Village Vision Plan area based on the traffic they contribute to the
intersection."
2
b. The following development guidelines as recommended by the Planning
3 Commission in Planning Commission Resolution No. 6338 are not
4 approved by the City Council and shall not be added to the Ponto
Beachfront Village Vision Plan:
5 "2b. Parking Garages shall be underground unless proven to be
6 technically or financially infeasible."
"2g. Any hotel on the southernmost Resort Hotel Character Area parcel
7 shall incorporate an ocean view restaurant."
8 c. The following development guideline as recommended by the Planning
o Commission in Planning Commission Resolution No.6341, Condition 2h
shall be amended to read as follows:
10 "The Character Areas within the Ponto Beachfront Village Vision Plan
11 shall be revised to reflect the enhanced structural setback of generally 75
feet from the southerly bluff edge as referred to in the "Increased
12 Recreational Amenities/Green Space Alternative (Figure 6.6)" of the Ponto
Beachfront Village Vision Plan Final Environmental Impact Report with
13 the inclusion of a 10 to 12 foot public trail, and with approval of the precise
structural setback to be determined with approval of future development
permits."
d The following amendment is approved to the permitted accessory uses
16 language for the Beachfront Resort within the Ponto Beachfront Village
Vision Plan to read as follows:
17
"Accessory uses developed as an integral part of the hotel to serve hotel
18 guests, but accessible to the public, and generally small in scale (ie., less
than 2500 to 3000 square feet per accessory use), such as apparel and
accessories, beauty and barber shops, dry cleaning, laundry pickup
2Q service only, florist, novelty and/or souvenir store, travel agency."
2i e. The Introduction Section (Chapter 1) of the Ponto Beachfront Village
Vision Plan shall be amended to read as follows:
22
"CHAPTER 1: INTRODUCTION
23
SECTION 1.1: INTENT & BACKGROUND
24
The Ponto Beachfront Village Vision Plan is intended to provide
25 guidance for development of the Ponto area, as directed by the
,, City of Carlsbad's General Plan and the South Carlsbad Coastal
Redevelopment Area Project Redevelopment Plan. The Plan sets
27 forth a Vision of what Ponto could be; presents goals and
objectives that support the Vision; and provides an implementation
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1 strategy and design guidelines for the projects that will implement
the Vision.
2
The Vision Plan is intended for use by prospective developers and
3 their consultants, City of Carlsbad staff, and those performing
design review on individual projects. The conceptual site plan
contains a level of detail necessary to visually depict the desired
5 land uses, circulation, and major design components; however, it is
recognized that actual development site plans will change, which is
6 acceptable if the goals and objectives of the Vision Plan are still
achieved.
7
PROJECT GOALS & OBJECTIVES
8
The City recognizes the importance of the Ponto area relative to
9 the City of Carlsbad. Its prime coastal location at the City's south
edge, across from a State Park beach campground and near new
10 single-family neighborhoods, offers the opportunity for the Ponto
1. area to become an integral and vibrant part of Carlsbad, providing
amenities for both tourists and City residents.
12 The City's Goals and Objectives for the Ponto Beachfront Village
13 Vision Plan are:
14 o Establish the Southern Coastal Gateway to the City.
15 o Accommodate a balanced and cohesive mix of local and tourist
serving commercial, medium- and high-density residential,
16 mixed use, live/work, and open space land use opportunities
that are economically viable and support the implementation of17 these goals.
18 o Provide site design guidelines that require street scenes and
19 site plans to respect pedestrian scale and express a cohesive
and high-quality architectural theme.
20 o Establish a pattern of pedestrian and bicycle accessibility that
2i links the planning areas internally as well as with adjacent
existing and planned pedestrian and bicycle facilities.
22
o Provide expanded beach access.
23
o Establish a mixed use district that encourages local and tourist-
24 oriented retail, commercial, recreational and residential uses.
25 o Require landscape architecture that celebrates the historic past
and horticultural heritage of the City.26
o Assure that public facilities and services meet the requirements
27 of the Growth Management Plan.
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1 o Conform with the General Plan, Amended Zone 9 and 22 Local
Facilities Management Plans (LFMP), applicable City ordinances,
2 regulations and policies
3 STUDY AREA
* The Ponto study area is an approximately 130-acre relatively narrow strip
of land, approximately 1/8 mile wide and 1-1/2 miles long, located
between Carlsbad Boulevard and tracks for the San Diego Northern
Railroad. Portions of the Plan area extend north to Poinsettia Lane and
south to La Costa Avenue. For purposes of this Ponto Beachfront Village
7 Vision Plan, however, the area considered viable for future development
is much smaller. It consists of approximately 50 acres, with its northern
8 limit at Ponto Drive and its southern limit at the Batiquitos Lagoon
(Figure 1.1).
9
GENERAL PLAN10
The City of Carlsbad General Plan identifies Ponto as an area with special
considerations and directs its development to be consistent with the goals,
objectives and guidelines set forth within the Ponto Vision and Land Use
Strategy Plan (the Plan). Submittal of a Site Development Plan and other
13 applicable discretionary permit applications are required, which will
include review for consistency with the intent of this Ponto Beachfront
14 Village Vision Plan and its Design Guidelines. The Plan's Design
Guidelines supplement and are subject to existing regulatory controls,
15 including the zoning standards adopted by the City of Carlsbad. The site
plans are all illustrative and set form guidelines and a vision. If the actual
site plan for a specific development achieves the goals, objectives,
. 7 guidelines and intent of the Vision Plan, it shall be consistent with this
1' Plan.
18 REDEVELOPMENT AREA PLAN
19 As seen in Figure 1.2, a portion of the Ponto study area is within the
20 South Carlsbad Coastal Redevelopment Area (SCCRA), which was
established in July 2000. The SCCRA Redevelopment Plan gives the
21 Carlsbad Housing and Redevelopment Commission the legal authority to
use various powers to achieve the Redevelopment Plan's goals and
22 objectives.
A complete list of the original twelve goals for the Redevelopment Plan is
found in Appendix 1-A of this document; however, the overall intent can
be summarized as follows:
25 o Strengthen and stimulate the economic base
o Enhance commercial and recreation functions
27 o Increase amenities to benefit the public
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1 o Increase and improve the affordable housing supply
2 o Assure quality design in the area's development
3 Development of the Ponto Beachfront Village Vision Plan is the first step
toward achieving the Redevelopment Area's overall intent.4
PLAN ORGANIZATION
This Ponto Beachfront Vision Plan is organized into the following
chapters:
Chapter 1: Introduction
o
This Chapter provides an overview of the Plan, including intent and
9 purpose, Plan goals and objectives, background information on
study area conditions, the planning process and public outreach
10 activities, and how this Plan fits within the City of Carlsbad's
regulatory environment.
11
Chapter 2: Ponto Vision
12
This Chapter defines the Vision for the Ponto area and presents
13 the subarea land use themes, circulation patterns for vehicles,
pedestrians, and bicycles, parking, streetscape and gateways, and
desired Plan amenities. The site plans, including the specific land
15 uses and development design, set forth within the Plan are
illustrative and are provided as an example as to how the Vision for
16 the area may be achieved. Alternate site plans may be consistent
with the Plan if the goals and objectives and general intent of the
17 Vision for the area are achieved.
18 Chapter 3: Design Guidelines
19 Design guidelines are provided for the subarea types: resort/hotel;
mixed use/commercial; townhouse neighborhood and live/work20 areas. The guidelines address site planning factors, parking and
21 circulation, architecture, landscaping, signage and public
spaces/amenities.
22 Chapter 4: Implementation Program
23 This Chapter details the permit and entitlement process to develop
24 individual properties within the Plan area and describes the general
process phasing to implement various components of the Plan."
25
26 3 The Housing and Redevelopment Director and/or Planning Director are
hereby directed to make the amendments to the appropriate
27 documents as set forth above.
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The Planning Director is directed to file the Notice of Determination for
said project, without undue delay.
This action shall not become final until the Local Coastal Program
4 Amendment (LCPA 05-01) is approved by the California Coastal
Commission and the California Coastal Commission's approval
5 becomes effective. The Provisions of Chapter 1.16 of the Carlsbad
Municipal Code, "Time Limits for Judicial Review" shall apply:
6
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be
sought is governed by Code of Civil Procedure, Section 1094.6,
9 which has been made applicable in the City of Carlsbad by
Carlsbad Municipal Code Chapter 1.16. Any petition or other paper
10 seeking review must be filed in the appropriate court not later than
the nineteenth day following the date on which this decision
becomes final; however, if within ten days after the decision
becomes final a request for the record of the deposit in an amount
12 sufficient to cover the estimated cost or preparation of such record,
,~ the time within which such petition may be filed in court is extended
to not later than the thirtieth day following the date on which the
14 record is either personally delivered or mailed to the party, or his
attorney of record, if he has one. A written request for the
15 preparation of the record of the proceedings shall be filed with the
City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
16 CA. 92008."
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PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 4tb day of December , 2007, by the
following vote, to wit:
AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTE
GJRRAINj£ V- WOOD/Crty Clerk/U TI7 =o-
rSEAL)
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